Page images
PDF
EPUB

of Malice, or will not answer directly to the Charge, or shall challenge peremptorily above the Number of Twenty Persons returned to be of the Jury, or shall be outlawed upon such Indictment, in every such Case such Person shall be deemed and taken to be convicted of the Felony, and the Court shall award sich Judgment as if such Personi had been convicted by Verdict; and every thing herein contained shall extend as well to all Accessories as to Principals.

IX. And, for the more effectual Prosecution of Accessories Accessories bea before the fact to Felony, be it enacted, That if any person fore the Fact.,

shall counsel, procure, or command any other Person to commit any Felony, whether the same be a Felony at Common Law, or by virtue of any Statute or Statutes made or to be made, the Person so counselling, procuring, or commanding, shall be deemed guilty of Felony, and may be indicted and convicted, either as an Accessory before the fact to the principal Felony, together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony, whether the principal Felon shall or shall not have been previously convicted, or shall or shall not be amenable to Justice, and may be punished in the same Manner as any Accessory before the Fact to the same Felony, if convicted as an Accessory, may be punished ; and the Offence of the Person so counselling, procuring, or commanding, howsoever indicted, may be inquired of, tried, determined, and punished by any Court which shall have Jurisdiction to try the principal Felon, in the same Manner as if such Offence had been committed at the same Place as the principal Felony, although such Offence may have been committed either on the High Seas or at any Place on Land, whether within His Majesty's Dominions or without; and that in case the principal Accessories to Felony shall have been committed within the Body of any County, Offences comand the Offence of counselling, procuring, or commanding shall mitted in dif- · have been committed within the Body of any other County, ferent Counties the last-mentioned Offence may be inquired of, tried, determined, may be tried and punished in either of such Counties : Provided always, that in either. uo Person who shall be Once duly tried for any such Offence, whether as an Accessory before the Fact or as for a substantive Felony, shall be liable to be again indicted or tried for the same Offence."

Felon.

A

X. And, for the more effectual Prosecution of Accessories Accessory after after the fact to Felony, be it enacted, That if any person shall the Pact may: become an Accessory after the Fact to any Felony, whether the be tried by any same be a Felony at Common Law, or by virtue of any Statute Court which : or Statutes made or to be made, the Offence of such Person may

has Jurisdiction, be, įnquired of, tried, determined, and punished by any Court

to try the prin wbich shall have Jurisdiction to try the principal Felon, in the upu same Manner as if the Act, by reason whereof such Person shall have become an Accessory, had been committed at the same Place as the principal Felony, although such Act may have been committed either on the High Seas or at any Place on Land, whether within His Majesty's Dominions or without; and that in case, the principal Felony shall have been committed within the Body of any County, and the Act by reason whereof any Person shall have become Accessory, shall have been committed within Accessory to : the Body of any other County, the Offence of such Accessory Offences como: may be inquired of, tried, determined, and punished iu either of mitted in dif-

shall

such

ferent Counties, such Counties: Provided always, that no Person who shall be may be tried Once duly tried for any Offence of being an Accessory, shall be in either. liable to be agaio indicted or tried for the same Offence.

And may be XI. And, in order that all Accessories may be convicted and prosecuted after punished in Cases where the principal Felon is not attainted, be it Conviction

enacted, That if any principal Offender shall be in anywise conof Principal,

victed of any Felony, it shall be lawful to proceed against any though the

Accessory, either before or after the Fact, in the same Manner as Principal be

if such principal Felon had been attainted thereof, notwithstandnot attainted.

ing such principal Felon shall die or be adınitted to the Benefit

of Clergy, or pardoned, or otherwise delivered before Attainder; and every such Accessory shall suffer the same Punishment, if he or she be in anywise convicted, as he or she should have suffered if the Principal had been attainted.

Offences como XII. And, for the more effectual Prosecution of Offences mitted on committed near the Boundaries of Counties, or partly in one Boundaries

County and partly in another, be it enacted, That where any may be tried in Felony or Misdemeanor shall be committed on the Boundary or either County. Boundaries of Two or more Counties, or within the Distance of

, Five Hundred Yards of any such Boundary or Boundaries, or shall be begun in one County and completed in another, every such Felony or Misdemeanor may be dealt with, inquired of, tried, determined, and punished in any of the said Counties, in the same Manper as if it had been actually and wholly committed therein.

com

If during a XIII. And, for the more effectual Prosecution of Offences Journey or committed during Journies from Place to Place, be it enacted, Voyage.

That where any Felony or Misdemeanor shall be committed on

any Person or on or in respect of any Property in or upon any Coach, Waggon, Cart, or other Carriage whatever employed in any Journey, or shall be committed on any Person or on or in respect of any Property on board any Vessel whatever employed on any Voyage or Journey upon any Navigable River, Canal, or. Inland Navigation, such Felony or Misdemeanor may be dealt with, inquired of, tried, determined, and punished in any County through any Part whereof such Coach, Waggon, Cart, Carriage, or Vessel shall have passed in the Course of the Journey or Voyage during which such Felony or Misdemeanor shall have been committed, in the same Manner as if it had been actually committed in such County ; and in all Cases where the Side, Centre, or other Part of any Highway, or the Side, Bank, Centre, or other Part of any such River, Canal, or Navigation, shall constitute the Boundary of any Two Counties, such Felony or Misdemeanor may be dealt with, inquired of, tried, determined, and punished in either of the said Counties through or adjoining to or by the Boundary of any Part whereof such Coach, Waggon, Cart, Carriage, or Vessel shall have passed, in the Course of the Journey or Voyage during which such Felony or Misdemeanor shall have been committed, in the same Manner as if it had been actually committed in such County. Partnership XIV. And, in order to remove the Difficulty of stating the Property may Names of all the Owners of Property in the Case of Partners and be lạid in Name other Joint Owners, be it enacted, That in any Indictment or ]n

formation

formation for any Felony or Misdemeanor, wherein it shall be of one Partner requisite to state the Ownership of any Property whatsoever, and others. whether Real or Personal, which shall belong to or be in the Possession of more than one Person, whether such Persons be Partners in Trade, Joint Tenants, Parceners, or Tenants in Common, it shall be sufficient to name one of such Persons, and to state such Property to belong to the Person so named, and another or others, as the Case may be; and whenever, in any Indictment or Information for any Felony or Misdemeanor, it shall be neces: sary to mention, for any Purpose whatsoever, any Partners, Joint Tenants, Parceners, or Tenants in Common, it shall be sufficient to describe them in the Manner aforesaid ; and this Provision shall be construed to extend to all Joint Stock Companies and Trustees.

XV. And, with respect to the Property of Counties, Ridings, Property beo and Divisions, be it enacted, That in any Indictment or Infor- longing to mation for any Felony or Misdemeanor committed in, upon, or Counties, &c. with respect to any Bridge, Court, Gaol, House of Correction, may be laid in Infirmary, Asylum, or other Building, erected or maintained in the Inhabitants. whole or in part at the Expence of any County, Riding, or Di. vision, or on or with respect to any Goods or Chattels whatsoever, provided for or at the Expence of any County, Riding, or Division, to be used for making, altering, or repairing any Bridge, or any Highway at the Ends thereof, or any Court or other such Building as aforesaid, or to be used in or with any such Court or other Building, it shall be sufficient to state any such Property, Real or Personal, to belong to the Inhabitants of such County, Riding, or Division; and it shall not be necessary to specify the Names of any of such Inhabitants.

such Court other such Buildindse, or any His Division

seers.

XVI. And, with respect to the Property of Parishes, Town Property for ships, and Hamlets, be it enacted, That in any Indictment or the Use of the Information for any Felony or Misdemeanor committed in, upon, Poor may be or with respect to any Workhouse or Poorhouse, or on or with laid in Overrespect to any Goods or Chattels whatsoever, provided for the Use of the Poor of any Parish or Parishes, Township or Town- . ships, Hamlet or Hamlets, Place or Places, or to be used in any Workhouse or Poorhouse in or belonging to the same, or by the Master or Mistress of such Workhouse or Poorhouse, or by any Workmen or Servants employed therein, it shall be sufficient to state any such Property to belong to the Overseers of the Poor for the Time being of such Parish or Parishes, Township or Townships, Hamlet or Hamlets, Place or Places, and it shall not be necessary to specify the Names of all or any such Overseers; and in any Indictment or Information for any Felony or Misdemeanor committed on or with respect to any Materials, Tools, or Implements, provided for making, alter- Materials, 8c. ing, or repairing any Highway within any Parish, Township, of Highways or Hamlet or Place, otherwise than by the Trustees or Commis. may be laid in sioners of any Turnpike Road, it shall be sufficient to aver that the Surveyor. any such Things are the Property of the Surveyor or Surveyors of the Highways for the Time being of such Parish, Township, Hamlet, or

Place, and it shall not be necessary to specify the Name or Names of any · Surveyor or Surveyors.

XVII. And,

Turnpike ; XVII. And, with respect to any Property under Turnpike Trusts, in the Trusts, be it enacted, That in any Indictment or Information for Trustees.

any Felony or Misdemeanor committed on or with respect to any

House, Building, Gate, Machine, Lamp, Board, Stone, Post, Fence, or other Thing, erected or provided in pursuance of any Act of Paro liament for making any Turnpike Road, or any of the Conveniences or Appurtenances thereunto respectively belonging, or any Materials, Tools, or Implements provided for making, altering, or repairing any such Road, it shall be sufficient to state any such Property to belong to the Trustees or Commissioners of such Road, and it shall not be necessary to specify the Names of any of such Trustees or Conimissioners.

Offences com- XVIII. And, with respect to Property under Commissioners mitted one of Sewers, be it enacted, That in any Indictment or Information Sewer's, Pro for any Felony or Misdemeanor committed on or with respect to perly may be any Sewer or other Matter within or under the View, Cognizance, laid in the

or Management of any Commissioners of Sewers, it shall be Commissioners. sufficient to state any such Property to belong to the Com

missioners of Sewers within or under whose View, Cognizance, or Management any such Things shall be, and it shall not be necessary to specify the Names of any of such Commissioners.

Indictment not XIX. And for preventing Abuses from dilatory Pleas, be it to abate by enacted, That no Indictment or Information shall be abated by Misnomer, &c. reason of any dilatory Plea of Misnomer or of Want of Addition,

. . or of wrong Addition of the Party offering such Plea, if the Court shall be satisfied by Affidavit or otherwise of the Truth of such Plea ; but in such Case the Couri shall forthwith cause the Indictment or Information to be amended according to the Truth, and shall call upon such Party to plead thereto, and shall proceed as if no such dilatory Plea had been pleaded.

Whut Defects XX. And that the Punishment of Offenders may be less shall not vitiate frequently intercepted in consequence of technical Niceties, be an Indictment. it enacted. That no Judgment upon any Indictment or luforma

t ion for any Felony or Misdemeanor, whether after Verdict or Outlawry, or by Confession, Default, or otherwise, shall be stayed or reversed for want of the Averment of any Matter unnecessary to be proved, nor for the Omission of the Words “ as appears by the Record," or of the Words “ with Force and Arms," or of the Words “ against the Peace," nor for the Insertion of the Words “ against the Form of the Statute," instead of the Words “ against the Form of the Statutes," or vice versa, nor for that any Person or Persons mentioned in the Indictment or Information is or are designated by a Name of Office or other descriptive Appellation instead of his, her, or their proper Name or Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or exhibiting the Information, or on an impossible Day, or on a Day that never happened, nor for want of a proper or perfect Venue, where the Court shall appear by the Ia- . dictment or Information to have had Jurisdiction over the Offence.. :

XXI. And

[ocr errors]

* XXI. And be it further enacted, That no Judgment after What shall not Verdict upon any Indictment or Information for any Felony or be sufficient to Misdemeanor shall be stayed or reversed for want of a Similiter, stay or reverse nor by reason that the Jury Process has been awarded to a wrong

Judgment after Officer upon an insufficient Suggestion, nor for any Misnomer or

Verdict. Misdescription of the Officer returning such Process, or of any of the Jurors, nor because any Person has served upon the Jury who has not been returned as a Juror by the Sheriff or other Oficer; and that where the Offence charged has been created by any Statute, or subjected to a greater Degree of Punishment, or excluded from the Benefit of Clergy by any Statute, the Indictment or Information shall after Verdict be held sufficient to warrant, the Punishment prescribed by the Statute if it describe the Offence in the Words of the Statute.

XXII. And, with regard to the Payment of the Expences of Courts may Prosecutions for Felony, be it enacted, That the Court before

order Payment which any Person shall be prosecuted or tried for any Felony is

of the Expences

of Prosecutions hereby authorized and empowered, at the Request of the Prose

in Cases of cutor or of any other Person, who shall appear on Recognizance

Felony. or Subpæna to prosecute or give Evidence against any Person " accused of any Felony, to order Payment unto the Prosecutor of . the Costs and Expences which such Prosecutor shall incur in preferring the Indictment, and also Payment to the Prosecutor and Witnesses for the Prosecution, of such Sums of Money as to the Court shall seem reasonable and sufficient to reimburse such Prosecutor and Witnesses for the Expences they shall have severally incurred in attending before the examining Magistrate or Magistrates and the Grand Jury, and in otherwise carrying on such Prosecution, and also to compensate them for their Trouble and Loss of Time therein; and, although no Bill of Indictment be preferred, it shall still be Allowance to ". lawful for the Court, where any person shall, in the Opinion of Persons attendthe Court, bona fide have attended the Court in obedience to ing on Recoge any such Recognizance or Subpoena, to order Payment unto such nizance. Person of such Sum of Money as to the Court shall seem reasonable and sufficient to reimburse such Person for the Expences which he or she shall have bona fide incurred by reason of attending before the examining Magistrate or Magistrates, and by reason of such Recognizance, or Subpoena, and also to compensate such Person for Trouble and Loss of Time; and the Amount of the Expences of attending before the examining Magistrate or Magistrates, and the Compensation for Trouble and Loss of Time therein, shall be ascertained by the Certificate of such Magistrate or Magistrates, granted before the Trial or Attendance in Court, if such Magistrate or Magistrates shall think fit to grant the same; and the Aiñount of all the other Expences, and Compensation, shall be ascertained by the proper Officer of the Court, subject, nevertheless to the Regulations to be established in the Manner herein-after mentioned.

XXIII. And whereas for want of Power in the Court to order Courts may or-, Payment of the Expences of any Prosecution for a Misdemeanor, der Payment of many Individuals are deterred by the Expence from prosecuting Expences of Persons guilty of Misdemeanors, who thereby escape the Punish

Prosecutor, 8c. ment due to their Offences; for Remedy, thereof, be it enacted,

in certain That where any Prosecutor or other Person shall appear before

Cases. any Court on Recognizance or Subpæna, to prosecute or give

Evidence

« EelmineJätka »